Kiama Development Control Plan 2020 Chapter 10. Visitor Accommodation and Tourism - Visitor accommodation and tourism
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Kiama Development Control Plan 2020
Chapter 10. Visitor Accommodation
and Tourism
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |1
Date approved/adopted 17 March 2020
Resolution No 20/071OC
Date effective 4 April 2020
Date last reviewed 17 March 2020
Next review date 17 March 2021
Department Environmental Services
Author Manager Strategic Planning
TRIM reference SC3392
Supporting documents Nil
Kiama DCP 2020 – Chapter 10. Visitor Accommodation and TourismChapter 10. Visitor Accommodation and Tourism Purpose of the Chapter -------------------------------------------------------------------------------------- 10.2 Application of this Chapter ---------------------------------------------------------------------------------- 10.3 Topic 10.1 - Bed and Breakfast Accommodation --------------------------------------------------------- 10.3 Topic 10.2 – Farm Stay Accommodation ----------------------------------------------------------------- 10.10 Topic 10.3 – Short Term Holiday Rental Accommodation -------------------------------------------- 10.15 Controls -------------------------------------------------------------------10.Error! Bookmark not defined. Breaches to this Policy ------------------------------------------------------------------------------------- 10.18 Topic 10.4 – Eco-tourism ------------------------------------------------------------------------------------- 10.20 Kiama DCP 2020 – Chapter 10. Visitor Accommodation and Tourism |10.1
Purpose of the Chapter
Tourism plays an important role within the Kiama Municipality. The Kiama Municipality has
evolved into a tourist destination with several major attractions throughout the area. The
Municipality’s close proximity to Wollongong, Canberra and Sydney enables it to attract a
diverse mix of domestic and international visitors. In recent years the Municipality has played
host to a number of domestic and international events.
In June 2018 the estimated total value of the tourism sector for the Kiama Municipality was
approximately $146 million. Approximately 19% of the Municipality’s total workforce is
employed in the tourism sector. It is estimated that for each dollar spent by a tourist in the
Municipality, typically $0.76 is spent on accommodation & food services. Tourist
Accommodation plays a vital role in the type of visitors that the Municipality is able to attract
and in return the impact on the Municipality’s economy. Table 1 below illustrates that a
domestic visitor who stays in the area overnight spends, on average, approximately twice
more per day than day-trippers.
Table 1: Visitor average expenditure profile
Visitor Domestic Days Domestic Overnight International
Average Stay 3 6
(nights)
Average Spend per $67 $378 $388
trip ($)
Average Spend per $138 $63
night ($)
(Source Remplan 2018)
Tourist Accommodation range from small scale accommodation that occurs within existing
dwellings to large scale commercial accommodation. The following forms of Tourist
Accommodation are permissible within the Municipality, noting that permissibility varies
across zones:
Backpackers’ Accommodation
Bed & Breakfast Accommodation
Camping Grounds
Caravan Parks
Eco-Tourist Facilities
Farm Stay Accommodation
Hotel & Motel Accommodation
Serviced Apartments
Short-Term Rental Accommodation
Clause 6.10 of the LEP 2011 enables existing residential accommodation (i.e. dwellings etc.)
to be used as tourist and visitor accommodation for a short-term without the need to gain
development consent.
Camping Grounds and Caravan Parks are regulated by the Local Government Act 1993.
The Local Government Act 1993 and associated regulations contain specific development
controls for Camping Grounds and Caravan Parks that need to be complied with. This
chapter does not contain any additional development controls for Camping Grounds and
Caravan Parks.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.2Backpackers’ Accommodation, Hotel & Motel Accommodation and Serviced Apartments are
only permissible within the B1 Neighbourhood Centre and B2 Local Centre zones of the
Municipality. Development within these zones is controlled by other site specific DCP
chapters.
This chapter outlines the requirements for certain types of Tourist Accommodation within
the Municipality, having regard to the following objectives:
Objectives
O:10.1.1 To be sympathetic to the existing and desired future character of the Kiama
Municipality;
O:10.1.2 Conserve the agricultural potential of the Kiama Municipality;
O:10.1.3 Conserve and protect areas of native vegetation;
O:10.1.4 Protect items of environmental and cultural heritage and promote their
restoration and enhancement;
O:10.1.5 Preserve the residential amenity of the Municipality and existing scenic
qualities of the area;
O:10.1.6 Ensure future development is sited, designed and of a scale that is consistent
with the desired future character of the area.
Application of this Chapter
This Chapter applies to the following types of development throughout the Municipality:
Bed & Breakfast Accommodation
Farm Stay Accommodation
Short Term Holiday Rental Accommodation
Eco-Tourist Facilities
This chapter should be read in conjunction with the LEP 2011 and other relevant sections of
this DCP. Application of this Chapter prevails in the event of an inconsistency with any other
Chapter of the Kiama DCP 2012.
This plan expresses the controls as Acceptable Solutions and/or Performance Criteria (with
the exception of the subdivision section). The Acceptable Solutions provide a clear and
simple measure by which development may achieve the intent of a particular development
control. Where a development does not meet the Acceptable Solutions, outlined below, the
applicant must prepare a statement justifying how the development meets the relevant
Performance Criteria, and overall objectives of the control. These applications will be
assessed on individual merit. This allows for some flexibility and innovation in design and
caters for exceptional circumstances where strict compliance with the Acceptable Solution
is considered either impractical or unnecessary. The intent of the controls and the aims and
objectives of the LEP and DCP must be met whichever path is chosen.
Topic 10.1 - Bed and Breakfast Accommodation
Objectives
O:10.1.7 Provide general standards for Bed & Breakfast Accommodation within the
Kiama Municipality;
O:10.1.8 Protect the amenity of the locality in which the development is situated;
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.3O:10.1.9
Ensure Bed & Breakfast Accommodation does not adversely impact upon
the privacy of neighbouring residents;
O:10.1.10
Achieve well-designed accommodation facilities which attract and meet the
needs of visitors to the Municipality;
O:10.1.11
Ensure that where additions to existing dwelling-houses are proposed, such
additions are designed so that the appearance of the total building is that of
a single dwelling, building materials are consistent with the existing dwelling
and the total development is sympathetic to neighbouring properties;
O:10.1.12
Preserve and complement any natural and/or cultural heritage
characteristics of the area; and
O:10.1.13
Ensure development in the rural areas:
maintains the agricultural potential of land;
prevent the fragmentation of agricultural land;
ensure that any development is located and designed to minimise
bushfire risk;
ensure that satisfactory and environmentally acceptable vehicular
access is provided without scarring of the landscape;
protect existing vegetation;
require the assessment of any threatened species which may be
affected; and
prevent pollution of rivers and streams and sub-surface waters.
Controls
Performance Criteria Acceptable Solutions
Siting of Development
10.1.1 Bed and Breakfast Accommodation 10.1.1a Bed and Breakfast
facilities are to be sited in order to reduce Accommodation is only to
the impact on adjoining properties in occur within lawfully erected
terms of visual and acoustic privacy. dwellings (including dwellings
associated with dual
occupancies, manor houses,
terraces and residential flat
buildings).
10.1.1b Where additions to existing
dwelling-houses are proposed,
such additions are satisfy the
relevant building setbacks
prescribed by other applicable
Chapters of the DCP.
Services/Facilities
10.1.2 10.1.2a For Bed and Breakfast
Accommodation a maximum
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.4Performance Criteria Acceptable Solutions
guest capacity of two (2)
All necessary/appropriate facilities are
persons per bedroom provided
provided for guests.
for guests of the Bed and
Breakfast Accommodation
facility.
10.1.2b Full domestic laundry facilities
must not be provided for guests
of a Bed & Breakfast
Accommodation facility,
however cupboard facilities
may be acceptable.
10.1.2c Any cooking/eating facilities
are not be used to serve paying
customers who are not staying
on site. Separate development
consent for a café or restaurant
will be required if serving
paying customers not staying
on-site.
10.1.2d Electrically wired smoke
detectors are required to be
installed in the bedrooms used
as guest accommodation and
must be approved by Council.
10.1.2e Deadlocks which require
internal key release are not to
be provided on doors to guest
rooms or external doors.
10.1.2f In addition to those available to
permanent occupants of the
dwelling, separate bathroom
and toilet facilities are to be
provided for guests of the Bed
and Breakfast Accommodation
facility.
10.1.2g The method of effluent
disposal, where reticulated
sewer is not available, shall be
determined having regard to
criteria such as the size of the
allotment, volume of waste
produced, number of people
occupying the dwelling, slope,
and soil classification.
10.1.3 Private water supplies shall not harm the 10.1.3a Bed and Breakfast
health of guests of the Bed and Breakfast Accommodation facilities that
Accommodation facility. have private water supplies (ie
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.5Performance Criteria Acceptable Solutions
not on town water) shall comply
with NSW Health's NSW
Private Water Supply
Guidelines
Parking & Access
10.1.4 Car parking complies with the 10.1.4a One (1) car parking space is to
requirements of Topic 3.6 of Chapter 3 be provided per bedroom
and is located so as to have minimal provided for guests of the Bed
impact on the streetscape. and Breakfast Accommodation
facility.
10.1.4b Car parking spaces for the Bed
and Breakfast Accommodation
are to be provided in addition to
the parking required for the
existing dwelling/s on site.
10.1.4c Car parking spaces are to be
located behind the building line
of any road frontage and are
not to be located adjacent to
sensitive areas in adjoining
dwellings, such as bedroom
windows and doors.
Operation of Accommodation Facilities
10.1.5 Bed and Breakfast Accommodation must 10.1.5a Guests and visitors must not
be operated in such a way so as not to create noise which is offensive
negatively interfere with the amenity of to neighbours at any time
the surrounding neighbourhood. during their occupancy, but
especially between the hours
midnight and 8 am on any
Friday, Saturday or day
immediately before a public
holiday and 10 pm and 8 am on
any other day.
10.1.5b All outdoor entertaining areas
are to be located behind the
building line of any road
frontage and are not to be
located adjacent to sensitive
areas in adjoining dwellings,
such as bedroom windows and
doors.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.6Performance Criteria Acceptable Solutions
10.1.5c Signage and/or an information
package is to be located within
the Bed and Breakfast
Accommodation facility,
informing guests of their
responsibilities and must cover
the following information:
That guests need to be
aware of noise impacts on
residential neighbours.
Guests and visitors must
not create noise which is
offensive to neighbours at
any time during their
occupancy, but between
the hours midnight and 8
am on any Friday, Saturday
or day immediately before a
public holiday and 10 pm
and 8 am on any other day.
That offensive noise may
result in the local Police
and/or Council being
contacted.
Council may issue
prevention notices and/or
noise abatement orders,
under the Protection of the
Environment Operations
Act 1997, for noise related
offences from amplified and
motorised sources.
That a 24 hour
contact/management
number may be called if
adjoining areas have
impacts on amenity.
A copy of the Council’s
Short-Term Rental
Accommodation Policy is to
be included as part of any
information package
10.1.5d One (1) Business Identification
sign, which is legible from the
street, should be installed, in
accordance with Division 2 of
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.7Performance Criteria Acceptable Solutions
Part of the State Environmental
Planning Policy (Exempt and
Complying Development
Codes) 2008 in the front of the
property indicating the
following:
That the property is used
for Bed and Breakfast
Accommodation facility.
In the event of any issues
with noise, amenity etc
please call the 24 hour
contact on – (insert 24 hour
contact details).
NOTE: this number
should connect to a
person who is able to
respond on-site if
necessary within 30
minutes of a call being
logged.
10.1.6 Length of stay in Bed and Breakfast 10.1.6a The maximum length of
Accommodation is limited to avoid use as consecutive stay is 42 days and
permanent residential accommodation. 200 days in any one calendar
year.
10.1.6b Permanent residential
occupancy of bedrooms,
approved for Bed and
Breakfast Accommodation, will
require separate development
consent.
Provision of Food
10.1.7 Ensure appropriate food safety measures 10.1.7a Any application for Bed and
are implemented. Breakfast Accommodation
needs to outline the type of
food/meals to be to be provided
to guests.
10.1.7b Serving certain types of food
may require a Food Safety
Supervisor to be nominated
and the business to be
registered with the NSW Food
Authority.
10.1.7c Any food prepared for the
consumption of guests must be
prepared under the relevant
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.8Performance Criteria Acceptable Solutions
provisions Topic 7.2 of Chapter
7 of this DCP.
10.1.7d Bed and Breakfast
Accommodation must provide
the following:
Kitchen premises which
comply with Topic 7.2 of
Chapter 7;
Kitchen facilities and
utensils for the storage
and/or preparation of
food for guests, which
are to be kept clean, in
good condition, and free
from odour, dust, flies,
insects and vermin;
Garbage devices kept
covered and maintained
in a state of clean and
good repair; and
All garbage and refuse is
to be regularly removed
from the premises, and
deposited in appropriate
pans, receptacles or
other garbage devices.
10.1.7e An annual inspection of Bed
and Breakfast or Farm Stay
facilities will be undertaken by
Council officers to ensure
health and safety standards are
being maintained
Bush Fire Requirements
10.1.8 Adequate bush fire protection measures 10.1.8a In certain circumstances Bed
are to be implemented for Bed and and Breakfast Accommodation
Breakfast Accommodation facilities requires approval under
section 100B of the Rural Fires
Act 1997
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.9Topic 10.2 – Farm Stay Accommodation
Objectives
O:10.2.1 Provide general standards for Farm Stay Accommodation facilities within the
Kiama Municipality;
O:10.2.2 Protect the amenity of the locality in which the development is situated;
O:10.2.3 Ensure Farm Stay Accommodation facilities do not adversely impact upon the
privacy of neighbouring residents;
O:10.2.4 Achieve well-designed accommodation facilities which attract and meet the
needs of visitors to the Municipality
O:10.2.5 Ensure that where additions to existing dwelling-houses are proposed, such
additions are designed so that the appearance of the total building is that of a
single dwelling, building materials are consistent with the existing dwelling and
the total development is sympathetic to neighbouring properties
O:10.2.6 Preserve and complement any natural and/or cultural heritage characteristics
of the area; and
O:10.2.7 Ensure development in the rural areas:
maintains the agricultural potential of land;
prevent the fragmentation of agricultural land;
ensure that any development is located and designed to minimise
bushfire risk;
ensure that satisfactory and environmentally acceptable vehicular
access is provided without scarring of the landscape;
protect existing vegetation;
require the assessment of any threatened species which may be
affected; and
prevent pollution of rivers and streams and sub-surface waters.
Controls
Performance Criteria Acceptable Solutions
Siting of Development
10.2.1 Farm Stay Accommodation 10.2.1a Farm Stay Accommodation facilities are
facilities are to be sited in order to to be set back a minimum 20m from a
reduce the impact on adjoining public road.
properties in terms of visual and
acoustic privacy. 10.2.1b Farm Stay Accommodation facilities are
to be set back a minimum 20m from a
public road.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.10Performance Criteria Acceptable Solutions
10.2.1c Farm Stay Accommodation facilities are
to be set back a minimum 15m from all
other boundaries.
10.2.1d Farm Stay Accommodation facilities
must be located a minimum of 100m
from any dwelling located on an
adjoining allotment.
10.2.1e The Farm Stay Accommodation
building, containing a maximum of five
(5) bedrooms, is to be clustered around
any existing dwelling on site.
Services/Facilities
10.2.2 All necessary/appropriate 10.2.2a For Farm Stay Accommodation a
facilities are provided for guests. maximum guest capacity of two (2)
persons per bedroom provided for
guests of the Farm Stay
Accommodation facility.
10.2.2b Full domestic laundry facilities must not
be provided for guests of a Farm Stay
Accommodation facility, however
cupboard facilities may be acceptable.
10.2.2c Electrically wired smoke detectors are
required to be installed in the bedrooms
used as guest accommodation and
must be approved by Council.
10.2.2d The method of effluent disposal, where
sewer is not available, shall be
determined having regard to criteria
such as the size of the allotment,
volume of waste produced, number of
people occupying the dwelling, slope,
and soil classification.
Parking & Access
10.2.3 Car parking complies with the 10.2.3a One (1) car parking space is to be
requirements of Topic 3.6 of provided per bedroom provided for
Chapter 3 and is located so as to guests of the Farm Stay
have minimal impact on the Accommodation facility.
streetscape.
10.2.2b Car parking spaces for the Farm Stay
Accommodation are to be provided in
addition to the parking required for the
existing dwelling/s on site.
10.2.2c Car parking spaces are to be located
behind the building line of any road
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.11Performance Criteria Acceptable Solutions
frontage and are not to be located
adjacent to sensitive areas in adjoining
dwellings, such as bedroom windows
and doors.
10.2.4 Private water supplies shall not 10.2.4a Farm Stay Accommodation that have
harm the health of guests of the private water supplies (ie not on town
Farm Stay Accommodation water) shall comply with NSW
Health's NSW Private Water Supply
Guidelines
Operation of Accommodation Facility
10.2.5 Farm Stay Accommodation must 10.2.5a Guests and visitors must not create
be operated in such a way so as noise which is offensive to neighbours
not to negatively interfere with at any time during their occupancy, but
the amenity of the surrounding especially between the hours midnight
neighbourhood. and 8 am on any Friday, Saturday or
day immediately before a public holiday
and 10 pm and 8 am on any other day.
10.2.5b All outdoor entertaining areas are to be
located behind the building line of any
road frontage and are not to be located
adjacent to sensitive areas in adjoining
dwellings, such as bedroom windows
and doors.
10.2.5c Signage and/or an information package
is to be located within the Farm Stay
Accommodation facility, informing
guests of their responsibilities and must
cover the following information:
That guests need to be aware of
noise impacts on residential
neighbours. Guests and visitors
must not create noise which is
offensive to neighbours at any
time during their occupancy, but
between the hours midnight and
8 am on any Friday, Saturday or
day immediately before a public
holiday and 10 pm and 8 am on
any other day.
That offensive noise may result
in the local Police and/or
Council being contacted.
Council may issue prevention
notices and/or noise abatement
orders, under the Protection of
the Environment Operations Act
1997, for noise related offences
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.12Performance Criteria Acceptable Solutions
from amplified and motorised
sources.
That a 24 hour
contact/management number
may be called if adjoining areas
have impacts on amenity.
NOTE: this number should connect to a
person who is able to respond on-site if
necessary within 30 minutes of a call
being logged.
A copy of the Council’s Short-
Term Rental Accommodation
Policy is to be included as part
of any information package.
10.2.5d One (1) Business Identification sign,
which is legible from the street, should
be installed, in accordance with Division
2 of Part of the State Environmental
Planning Policy (Exempt and
Complying Development Codes) 2008
in the front of the property indicating the
following:
That the property is used for Farm
Stay Accommodation facility.
In the event of any issues with
noise, amenity etc please call the 24
hour contact on – (insert 24 hour
contact details).
NOTE: this number should
connect to a person who is able to
respond on-site if necessary
within 30 minutes of a call being
logged.
10.2.6 Length of stay in Farm Stay 10.2.6a The maximum length of consecutive
Accommodation is limited to stay is 42 days and 200 days in any one
avoid use as permanent calendar year.
residential accommodation.
10.2.6b Permanent residential occupancy of
bedrooms, approved for Farm Stay
Accommodation, will require separate
development consent.
10.2.7 Farm Stay Accommodation must 10.2.7a Documentation outlining the farming
not adversely impact primary activities that take place on the site
production on the site. sufficient to justify primary production
as the main business on the land, with
the farm stay accommodation as
secondary. The primary production plan
should include the following
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.13Performance Criteria Acceptable Solutions
information: farm income, stocking
rates, types of agriculture and intended
involvement of ‘guests’ in farm
activities.
10.2.7b The adaptive re-use of existing rural
buildings such as barns, silos, stables
or dairies is encouraged.
Bush Fire Requirements
10.2.8 Adequate bush fire protection 10.2.8a When located on bush fire prone land
measures are to be implemented Farm Stay Accommodation requires
for Farm Stay Accommodation approval under section 100B of the
facilities Rural Fires Act 1997
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.14Topic 10.3 – Short Term Holiday Rental Accommodation
Introduction
STRA is one of a number of holiday accommodation options in the Kiama area. STRA offers
accommodation for a limited time period in a privately owned dwelling. Some STRA are
located in rural areas, however the majority are located in residential areas. This mix of
‘holiday accommodation’ within a residential setting requires a sensitive approach to ensure
that the operation of the STRA does not negatively impact on the amenity for the surrounding
residents.
Council acknowledges the operation of STRA under Clause 6.10 of Kiama LEP 2011 without
the need to gain specific development consent. Such operation is conditional on established
amenity levels of an area being maintained. Failure to maintain the standard may result in a
site specific prohibition being put in place to prevent the operation of the STRA.
Council have produced the STRA Policy to:
outline the mechanism to enable property owners/managers to manage STRA
letting (including setting the maximum number of adult guests and visitors);
outlining indications of what will constitute breaches to ‘amenity’; and
set out the mechanisms that Council will use to regulate and respond to issues
arising as a result of STRA.
It should be noted that breaches of amenity as outlined may result in non compliance with
this policy and may result in Penalty Infringement Notices (PIN) being issued under the
Environmental Planning and Assessment Act 1979 as amended.
All STRA operators must comply with the STRA Policy.
Objectives
O:10.3.1 To ensure that the current amenity of the locality is not adversely affected by
Short Term Rental accommodation.
O:10.3.2 That dwellings utilised for STRA provide a high standard of amenity and safety
for users.
O:10.3.3 To ensure that normal residential privacy standards are maintained.
O:10.3.4 To ensure that STRA will comply with established amenity levels.
Controls
Dwelling Suitability
10.3.1 STRA must only be conducted in dwellings that meet have been lawfully
constructed and comply with Building Code of Australia requirements.
10.3.2 The property must be offered in a clean, safe and habitable state of repair.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.15Maximum Number of Guests and Visitors
10.3.3 The maximum number of guests permitted at a STRA must not exceed a maximum of
2 adults per bedroom.
10.3.4 Due to overall numbers and activities, guests and their visitors must not impact on
amenity and must comply at all times with the terms of this STRA policy.
10.3.5 Visitors are the responsibility of the guest at all times.
Amenity
10.3.6 STRA must not compromise the amenity of surrounding neighbours. Amenity
breaches include (but are not limited to):
Guests and visitors must not create noise which is offensive to neighbours at
any time during their occupancy, but especially between the hours 10 pm and
8 am.
Exceeding in the number of permissible guests in the STRA.
An unreasonable number of visitors to the STRA.
Any activities which may unduly impact on the health and/or safety of adjoining
or nearby residences.
Inappropriate street parking so as to cause traffic hazards, significant or
ongoing loss of parking for adjoining or nearby residences.
Unmanaged waste disposal or littering of the property surrounds.
The use of outdoor spas, pools and BBQs between the hours of 10 pm and
7am.
The use of decks/balconies/verandas between the hours of 10 pm and 8 am is
subject to ensuring that no offensive noise and/or behaviour is carried out.
Instances of anti-social behaviour.
Any issues with the response of the nominated 24 hour contact such as:
o Failure to be able to make contact with the 24 hour contact within a
reasonable timeframe, (this also includes not returning calls),
o Failure of the 24 hour contact person to act on complaints or refer to the
appropriate regulatory authority where required.
Any breaches of amenity by residents or their guests in association with STRA is a
noncompliance with this Policy and may result in Penalty Infringement Notices (PIN) being
issued under the relevant legislation and a requirement by Council for mandatory signage
of the premises. The requirement for mandatory signage will be imposed after two confirmed
breaches. Council will also consider Land and Environment Court proceedings if the
breaches are ongoing.
Car parking
10.3.7 Car parking must be provided on site at the rate outlined below:
1 space for STRA with 1-2 bedrooms, and
2 spaces for STRA with 3+ bedrooms.
Council may consider the variation of this clause where it can be demonstrated that
there is no car parking associated with the dwelling/unit (ie older style strata units),
and there is sufficient street parking.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.1624 Hour Contact/Management/Information
10.3.8 All STRA must provide 24 hour contact details for a local management agent who can
respond on site if required to noise/parking/amenity issues. It should be noted that the
appropriate regulatory authority should be contacted if required.
10.3.9 The management contact will need to have delegated authority to attend to issues
arising. The contact must be appropriately qualified/experienced person to deal with
possible amenity issues which may arise. This may include responding on site or
following up on contacting regulatory authorities.
10.3.10 The management agents must be able to act at the time of the complaint to ensure
that ameliorating actions are undertaken. This may include responding on site or
following up on contacting regulatory authorities.
10.3.15 STRA operators can choose one (1) of the following two (2) methods to convey contact
information:
a. Provision of Contact Signage
STRA sites can provide one Business Identification sign no greater than 0.5 m2 in area
located in the front garden as near as practicable to the letterbox, or for strata units a
small size sign located as near as practical to the letter box and able to be read clearly
from the street indicating the following:
That (insert address) is used for STRA.
In the event of any issues with noise, amenity etc please call the 24 hour
contact on – (insert 24 hour contact details).
or
b. Information given to adjoining owners
Adjoining property owners or managing agents could be given information detailing:
That (insert address) is used for STRA and is under the management of (insert
Real Estate/or other contact).
In the event of any issues with noise, amenity etc please call the 24 hour
contact on – (insert 24 hour contact details).
All STRA websites must contain contact details.
10.3.16 Contact signage/ details must be kept updated with current information. Updated
contact information must be redistributed to adjoining property owners / managing
agents when changes to contact numbers etc occurs to ensure current information is
available.
10.3.17 Council will be required to be notified in writing of all complaints within 24 hours by the
24 contact/management person. Council will require the following information: the
date, time and type of complaint, and actions taken.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.17Information for Guests
10.3.18 Signage and information located within the STRA must cover the following information:
That the STRA is located in close proximity to dwellings
That the STRA is located in a residential neighbourhood and guests will need
to abide by the STRA Policy.
That guests need to be aware of noise impacts on residential neighbours.
That failure to comply with the STRA policy may result in fines and termination
of permission to occupy the STRA.
That a 24 contact/management number will be called if adjoining areas have
impacts on amenity.
10.3.19 The STRA Policy or summary thereof shall be given and explained to guests of the
STRA with the key pickup.
10.3.20 A copy of the STRA Policy shall be posted on a notice board within the STRA.
Waste Management
10.3.21 General waste management requirements can be found in Topic 3.1 of Chapter 3 of
this DCP. All urban residential zoned properties must pay the appropriate annual
Domestic Waste Management Charge outlined in Council’s current Revenue Policy as
mandated in Section 496 of the Local Government Act, 1993.
10.3.22 Bins must be on the kerbside available for each collection day (refer to Topic 3.1 of
Chapter 3).
10.3.23 As a minimum requirement, urban residential STRA must be in receipt of (and charged
the applicable domestic waste management charge for) the equivalent of the largest
size urban residential waste service. This consists of a 240 litre garbage bin, 240 litre
recycling bin and 240 litre organics bin. In the case of multi-unit developments with
limited storage space, shared garbage, recycling and organics bin may be made
available by Council.
If the waste generated by the STRA exceeds the capacity of this service, the following
options are available:
Order a second urban waste service for the STRA from Council, consisting of
an additional garbage, recycling and organics bin and the applicable annual
Domestic Waste Management Charge.
Engage a waste contractor to remove excess waste from the property as
required.
Advertisement for the STRA
10.3.24 The STRA must not be offered, described or advertised:
in a false or misleading manner.
for more than the maximum number of guests.
Breaches to this Policy
Breaches of this Policy may result in Penalty Infringement Notices being issued.
Breaches to the policy may result in the termination of permission to occupy the STRA.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.18Breaches of this policy may also result in the prohibition of the land use.
Best Practice Guidelines
The following provides an overview of best practice strategies that will assist in ensuring that
STRA are carried out appropriately with consideration for the ongoing amenity of the existing
residential area.
Dwellings used for STRA should be designed so that potential noise sources do
not impact on living or sleeping areas of neighbouring properties.
STRA with common areas or decks which overlooking neighbouring living areas or
bedrooms have the potential to cause noise impacts for adjoining owners. This is
mainly a problem after 10pm and before 8am. Consideration of potential noise
generation from these sources should be undertaken with a view to limiting
disturbing noise from these areas after 10pm and before 8am. Signage in the STRA
alerting guests to this potential issue.
Dwellings used for STRA should comply with all relevant legislation in terms of
Workplace Health and Safety. The Tourism Accommodation Industry has
developed Best Practise Guidelines for the operation of STRA - Holiday Code of
Conduct. Council supports the adoption and implementation of such guidelines by
owners and managing agents of STRA’s.
Bins should not sit on the kerbside for longer than 1 day after collection.
A clearly labelled dual bin system should be installed within the kitchen of the STRA
for ease of separation of recyclable waste.
The food organics kitchen caddy supplied by Council is installed in STRA receiving
the OK Organics Kiama waste service.
Compostable liners should be provided by the owner for guests of the STRA
suitable for the kitchen organics caddy in OK Organics Kiama zones.
The terms and conditions for property bookings should include expectations on guests with
regard to waste. This includes specifying that garbage, recyclables and food organics are to
be separated and placed in the correct waste bins. For OK Organics Kiama zones, a
requirement that no food is to be disposed of in the garbage bin could be included.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.19Topic 10.4 – Eco-tourism
Objectives
O:10.4.1 Provide general standards for Eco-Tourist Facilities within the Kiama
Municipality;
O:10.4.2 Protect the amenity of the locality in which the development is situated;
O:10.4.3 Ensure Eco-Tourist Facilities do not adversely impact upon the privacy of
neighbouring residents;
O:10.4.4 Achieve well-designed accommodation facilities which attract and meet the
needs of visitors to the Municipality;
O:10.4.5 Preserve and complement any natural and/or cultural heritage characteristics of
the area; and
O:10.4.6 Ensure development in the rural and environmental areas:
maintains the agricultural potential of land;
prevent the fragmentation of agricultural land;
ensure that any development is located and designed to minimise
bushfire risk;
ensure that satisfactory and environmentally acceptable vehicular access
is provided without scarring of the landscape;
protect existing vegetation;
require the assessment of any threatened species which may be
affected; and
prevent pollution of rivers and streams and sub-surface waters.
Controls
Performance Criteria Acceptable Solutions
Density of Development
10.4.1 Sufficient area is available for Eco- 10.4.1a A minimum lot area of ten (10)
Tourist Facilities in order to mitigate hectares is required for Eco-
impacts on adjoining properties. Tourist Facilities.
Eco-Tourist Facilities should reflect The minimum lot area must be
the rural density of the surrounding calculated from land where Eco-
area. Tourist Facilities are permissible.
All other areas of the lot/s must be
excluded from the density
calculation.
10.4.1b The maximum number of guest
bedrooms permitted shall be ten
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.20Performance Criteria Acceptable Solutions
(10) hectares for the first two (2)
bedrooms and an additional five
(5) hectares for each bedroom
thereafter.
10.4.1c The maximum number of guest
bedrooms permitted per lot is not
to exceed 10.
Siting of Development
10.4.2 Eco-Tourist Facilities are to be sited 10.4.2a Eco-Tourist Facilities are to be set
in order to reduce the impact on back a minimum 20m from a public
adjoining properties in terms of road.
visual and acoustic privacy.
10.4.2b Eco-Tourist Facilities are to be set
back a minimum 15m from all
other boundaries.
10.4.2c Eco-Tourist Facilities must be
located a minimum of 100m from
any dwelling located on an
adjoining allotment.
10.4.2d When utilising multiple
buildings/structures Eco-Tourist
Facilities are to be clustered
together.
Services/Facilities
10.4.3 All necessary/appropriate facilities 10.4.3a For Eco-Tourist Facilities a
are provided for guests. maximum guest capacity of two (2)
persons per bedroom provided for
guests of the Eco-Tourist Facility.
10.4.3b Full domestic laundry facilities
must not be provided for guests of
an Eco-Tourist Facilities, however
cupboard facilities may be
acceptable.
10.4.3c Electrically wired smoke detectors
are required to be installed in the
bedrooms used as guest
accommodation and must be
approved by Council.
10.4.3d The method of effluent disposal,
where sewer is not available, shall
be determined having regard to
criteria such as the size of the
allotment, volume of waste
produced, number of people
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.21Performance Criteria Acceptable Solutions
occupying the dwelling, slope, and
soil classification.
10.4.4 Private water supplies shall not 10.4.3a Eco-Tourist Facilities that have
harm the health of guests of the private water supplies (ie not on
Eco-Tourist Facility. town water) shall comply with
NSW Health's NSW Private Water
Supply Guidelines
Parking & Access
10.4.5 Car parking complies with the 10.4.5a One (1) car parking space is to be
requirements of Topic 3.6 and is provided per bedroom provided for
located so as to have minimal guests of the Eco-Tourist
impact on the streetscape. Facilities.
10.4.5b Car parking spaces for the Eco-
Tourist Facilities are to be
provided in addition to the parking
required for the existing dwelling/s
and other approved uses on site.
10.4.5c Car parking spaces are to be
located behind the building line of
any road frontage and are not to
be located adjacent to sensitive
areas in adjoining dwellings, such
as bedroom windows and doors.
Operation of Accommodation Facility
10.4.6 Eco-Tourist Facilities must be 10.4.6a Guests and visitors must not
operated in such a way so as not to create noise which is offensive to
negatively interfere with the neighbours at any time during their
amenity of the surrounding occupancy, but especially
neighbourhood. between the hours midnight and 8
am on any Friday, Saturday or day
immediately before a public
holiday and 10 pm and 8 am on
any other day.
10.4.6b All outdoor entertaining areas are
to be located behind the building
line of any road frontage and are
not to be located adjacent to
sensitive areas in adjoining
dwellings, such as bedroom
windows and doors.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.2210.4.6c Signage and/or an information
package is to be located within the
Eco-Tourist Facilities, informing
guests of their responsibilities and
must cover the following
information:
That guests need to be
aware of noise impacts on
residential neighbours.
Guests and visitors must
not create noise which is
offensive to neighbours at
any time during their
occupancy, but between
the hours midnight and 8
am on any Friday,
Saturday or day
immediately before a
public holiday and 10 pm
and 8 am on any other day.
That offensive noise may
result in the local Police
and/or Council being
contacted.
Council may issue
prevention notices and/or
noise abatement orders,
under the Protection of the
Environment Operations
Act 1997, for noise related
offences from amplified
and motorised sources.
That a 24 hour
contact/management
number may be called if
adjoining areas have
impacts on amenity.
NOTE: this number should
connect to a person who is able to
respond on-site if necessary within
30 minutes of a call being logged.
A copy of the Council’s
Short-Term Rental
Accommodation Policy is
to be included as part of
any information package.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.23Performance Criteria Acceptable Solutions
10.4.6d One (1) Business Identification
sign, which is legible from the
street, should be installed, in
accordance with Division 2 of Part
of the State Environmental
Planning Policy (Exempt and
Complying Development Codes)
2008 in the front of the property
indicating the following:
That the property is used for
Eco-Tourist facility.
In the event of any issues with
noise, amenity etc please call
the 24 hour contact on – (insert
24 hour contact details).
NOTE: this number should
connect to a person who is able to
respond on-site if necessary within
30 minutes of a call being logged.
10.4.7 Length of stay in Eco-Tourist 10.4.7a The maximum length of
Facilities is limited to avoid use as consecutive stay is 42 days and
permanent residential 200 days in any one calendar
accommodation. year.
10.4.7b Permanent residential occupancy
of bedrooms, approved for Eco-
Tourist Facilities, will require
separate development consent.
10.4.8 Eco-Tourist Facilities must maintain 10.4.8a An environmental management
the environmental and cultural strategy plan is to be provided with
values of the land and must provide any application for an Eco-Tourist
for sensitively designed and Facility.
managed facilities that have
The environmental management
minimal impact on the environment.
strategy plan is to address the
address the following matters:
Measures to remove any
threat of environmental
damage;
The maintenance of habitats;
Efficient and minimal energy
and water use and waste
output;
Mechanisms for monitoring
and reviewing the effect of the
development on the natural
environment;
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.24Performance Criteria Acceptable Solutions
Maintaining improvements on
an on-going basis in
accordance with relevant ISO
14000 standards relating to
management and quality
control.
10.4.8b When provided within a new
building Eco-Tourist Facilities are
to incorporate the principles of
Ecological Sustainable Design
through the use of passive heating
and cooling, renewable energy
sources and water efficient
designs.
10.4.8c When provided within an existing
building Eco-Tourist Facilities are
to be retrofitted to incorporate
energy and water saving devices.
10.4.8d When provided within an existing
building Eco-Tourist Facilities are
to be provided with a renewable
energy source, such as solar or
wind power, which is capable of
producing a minimum of 19
kW/day.
Bush Fire Requirements
10.4.9 Adequate bush fire protection 10.4.9a When located on bush fire prone
measures are to be implemented land Eco-Tourist Facilities require
for Farm Stay Accommodation approval under section 100B of
facilities the Rural Fires Act 1997.
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.25How to contact Council
Post
General Manager
Kiama Municipal Council
PO Box 75
Kiama NSW 2533
Telephone
+61 (02) 4232 0444
Facsimile
+61 (02) 4232 0555
Online
Email: council@kiama.nsw.gov.au
Website: www.kiama.nsw.gov.au
Office hours
Our Administration Building located at
11 Manning Street Kiama is open 8.45 am to 4.15 pm
Monday to Friday (excluding public holidays)
Kiama DCP – Chapter 10. Visitor Accommodation and Tourism |10.26You can also read
